ASSESSMENT DETAILS
Assessment of this module is as follows:
1. Mark for seminar preparation, participation, contribution (SPPC) informed by seminar journal entries assessing
Learning Outcomes 1-4 (30%)
2. Research-Informed Coursework Assignment: Length 3500 words (based on workplace-related legal tasks) assessing Learning Outcomes 1-4 (70%)
INDICATIVE CONTENT
After considering the way the management of equalities, discrimination, and diversity have become increasingly important aspects in the management of the modern workplace, and for HR practitioners and employment lawyers, attention is given to the way that these areas of employment relations are the focus of interventions by the Employment Law regime.
Particular attention is given to, among other things:
• Discrimination and equalities issues at each of the three stages of the employment cycle: pre-commencement and at the start; during the employment; and on termination (for example dismissal and redundancy selection which is discriminatory)
• The inter-action of mainstream employment rights and duties at Common Law and under statute with equalities and anti-discrimination law
• The role of HR practitioners in supporting managers, not least in meeting training and staff development including the need for management and staff awareness of equalities issues, and how problems can arise
• The ‘protected characteristics’ provided for by the Equality Act 2010, including sex, race, age, religion or belief, pregnancy and maternity
• The scope for ‘positive action’ and ‘justification’ where these are permitted, subject to conditions
• Disability discrimination and the duty to make reasonable adjustments
LEARNING OUTCOMES
1. UNDERSTAND CONTEMPORARY ISSUES RELATING TO DISCRIMINATION, EQUALITIES, AND DIVERSITY AFFECTING THE MODERN WORKPLACE AND WORKERS AND THE CHALLENGES THESE POSE FOR EMPLOYERS, MANAGERS, HR PROFESSIONALS, AND OTHER STAKEHOLDERS
Knowledge & Understanding
Learning
2. UNDERSTAND THE ROLE OF EQUALITIES AND ANTI-DISCRIMINATION LEGISLATION, INCLUDING THE COMMON LAW, UK STATUTE LAW, AND EU, ECHR AND EU CHARTER LAW IN RESPONDING TO THE CHALLENGES POSED BY DISCRIMINATION IN ITS VARIOUS FORMS INCLUDING DIRECT, INDIRECT, AND OTHER FORMS OF DISCRIMINATION IN RELATION TO THE PROTECTED CHARACTERISTICS OF SEX, RACE, DISABILITY, AGE, AND RELIGION OR BELIEF
Knowledge & Understanding
Learning
3. APPRECIATE TRENDS AND NEW DEVELOPMENTS IN THE AREAS OF EQUALITIES , DIVERSITY, AND DISCRIMINATION SINCE THE EQUALITY ACT 2010 INCLUDING LEGAL AND HR RESPONSES TO NEWER FORMS OF DISCRIMINATION SUCH AS DISCRIMINATION BY PERCEPTION, ASSOCIATION, AND HARASSMENT
Knowledge & Understanding
Learning
4. DEMONSTRATE ABILITY TO UNDERTAKE ENQUIRY IN THIS AREA OF EMPLOYMENT AND HR, AND DEPLOY ESTABLISHED TECHNIQUES OF RESEARCH, ANALYSIS, AND OTHER ENQUIRY-RELATED SKILLS USING A RANGE OF SOURCES AND SYSTEMS (INCLUDINGON-LINE AND IT ENABLED TOOLS) AND MONSTRATE ABILITY TO CRITICALLY EVALUATE ARGUMENTS AND ASSUMPTIONS, MAKE JUDGMENTS, AND COMMUNICATE THE RESULTS OF SUCH EVALUATIONS EFFECTIVELY.
Enquiry
Reflection
Analysis
Communication
LEARNING STRATEGIES
The module is student-centred and is delivered through a series of 5 x 2 Hours seminars supported by preliminary research and independent study, as well as reflective work following seminars (10 Hours)
Students follow a pattern of study contained in the module handbook and seminar templates. Students benefit from general guidance in the module study guide, pre-task guidance, and feedback. Students will be encouraged to communicate with each other throughout the module programme, contribute to a pool of knowledge of topical issues and new developments in the discipline, and otherwise allow an academic community of practice to develop (10 Hours)
There is an additional 6 hours of student guidance, supervision, and support provided at key points in the module programme which may take various forms including group and/or one-to-one feedback
SMALL GROUP SESSIONS
Face to face seminars (5 x 2 Hours)
Students will be asked to prepare for the seminars which will be scheduled in condensed teaching sessions. These will be supported by a range of blended learning materials and online support through the VLE (10 Hours)
Total: 36 Hours
DIRECTED STUDY & INDEPENDENT LEARNING
Principally, this will consist of study in preparation for seminars, and then to consolidate and develop an understanding of the sources and material discussed in seminars.
Directed study will be focused on tasks, discussion points, and practice-based exercises drawn from scenarios commonly encountered in the workplace, and assisted by legal cases studies and ‘topical issues’. A significant proportion of participants’ study will be supported by IT enabled enquiry, with usage of on-line tools (OTLs) and systems like Lexis Library, Westlaw, PLC On-Line. As participants are part-time, due consideration is given to the likely need to balance work, family, and other commitments: so the scheme is designed to try to ensure task preparation and completion is at a user-friendly pace, and at times that are convenient.
(114 Hours)
RESOURCES
Access to Blackboard VLE
Access to Internet
Access to University and Law Library's Online Electronic Resources, including general and specialist data bases, and on-line UK, EU, and ECHR sources
Library
TEXTS
Essential Text
McColgan, A (2015), Discrimination, Equality & the Law, Hart Publishing or
Sargeant, M (2013) Discrimination and the Law, Routledge
Additional (Not Essential)
McColgan, A (2015) Discrimination: Text, Cases & Materials (2nd ed)
Journals
Equal Opportunities Review
Industrial Law Journal
Employee Relations
British Journal of Industrial Relations
Employee Relations
Industrial Relations Journal
HR Review (on-line, including Employment Law and HR sections)
Other
ACAS, EHRC, CIPD, and other web-based sources and materials as advised
NB Later editions of texts should be acquired as they become available